Court Sets Aside Sowore’s Subpoena Against DSS Lawyer in Cyberbullying Trial

ABUJA — The Federal High Court in Abuja has set aside a subpoena issued at the instance of activist and publisher, Omoyele Sowore, against a lawyer with the Department of State Services (DSS), Akinlolu Kehinde, in the ongoing alleged cyberbullying trial.

Justice Mohammed Umar, who delivered the ruling, held that legal practitioners owe their clients a strict duty of confidentiality and cannot ordinarily be compelled to disclose communications made in the course of legal representation.

The judge explained that the protection of lawyer-client communications was fundamental to the legal profession and could only be breached under limited circumstances.

According to the court, a lawyer may be compelled to testify where the evidence sought concerns an uncontested matter or an issue that would not adversely affect the client.

The ruling effectively nullified the subpoena issued against Kehinde, who is associated with the DSS in the proceedings.

Following the decision, defence counsel, Ruben Adakole, informed the court of the defence’s intention to subpoena APC chieftain, Joe Igbokwe, and the Chairman of the Independent National Electoral Commission (INEC), Professor Joash Amupitan, as witnesses.

The court subsequently granted the request and ordered that subpoenas be issued for the proposed witnesses to appear before it.

Justice Umar adjourned the trial until November 11, when the subpoenaed defence witnesses are expected to appear.

The proceedings are part of the ongoing trial involving Sowore over allegations of cyberbullying.

The court’s decision on the subpoena against the DSS lawyer underscores the importance of legal professional privilege in judicial proceedings, while the issuance of subpoenas against the proposed defence witnesses signals the continuation of efforts by the defence to present its case.

The trial is expected to resume on November 11, with the appearance of the witnesses summoned by the court.